Chapter 68

An Act concerning counties; relating to county officers and
employees; amending K.S.A. 19-101a and 19-204 and repealing the
existing sections.

Be it enacted by the Legislature of the State of
Kansas:

Section 1. K.S.A. 19-204 is hereby amended to read as follows:
19- 204. (a) Subject to the provisions of K.S.A. 19-204a, and
amendments thereto, the board of county commissioners, on the
day of the organization of the board or as soon thereafter as may
be possible, shall meet and divide the county into three
commissioner districts or such number of districts as is prescribed
by resolution of the board, as compact and equal in population as
possible, and number them,. Such districts
shall be sub- ject to alteration at least once every three
years.

(b) In Shawnee county, each district shall include residents
of both the incorporated and unincorporated areas of the county.
The number of residents in each district from the unincorporated
area of the county shall be as equal in number, as possible. Such
districts shall be subject to al- teration at least once every
three years.

If the districts do not meet the requirements of this
subsection, the districts shall be altered to comply with such
requirements no later than 30 days following the effective date of
this act.

(b)(c) The board of county
commissioners of any county, by reso- lution, may divide the county
into three, five or seven commissioner dis- tricts, as compact and
equal in population as possible, but no such reso- lution which
would effect a change in the number of commissioner districts shall
take effect until it has been approved by a majority of the
qualified electors of the county voting thereon at the next general
election following not less than 60 days the adoption of such
resolution, in which all the qualified electors of the county are
entitled to vote. Upon the presentation of a petition to the board
of county commissioners, signed by electors equal in number to 5%
of the qualified electors of the county and verified by the county
election officer, requesting that the number of commissioner
districts be changed, the board of county commissioners shall cause
such proposition to be submitted to the voters of the county at the
next general election, following not less than 60 days the presen-
tation of such petition, in which all of the qualified electors of
the county are entitled to vote. In the event that more than one
such petition is presented to the board of county commissioners
prior to a general elec- tion, and any of such petitions conflicts
with any other such petition with respect to the number of
commissioner districts requested, the board of county commissioners
shall decide, by majority vote thereon, which of the propositions
shall be submitted to the voters at the next such general election.
If a majority of the electors voting at such election shall be in
favor of changing the number of commissioner districts, the board
of county commissioners shall provide for the division of the
county into commissioner districts as provided in K.S.A.
19-204a, and amendments thereto.

(c)(d) No change in the number of
commissioner districts shall be- come effective in any county
within four years of the effective date of any previous change in
the number of commissioner districts in such county.

(d)(e) The provisions of this section
may be modified by the adoption of a charter for county government
in any county which has established a charter commission pursuant
to law.

Sec. 2. K.S.A. 19-101a is hereby amended to read as follows: 19-
101a. (a) The board of county commissioners may transact all county
business and perform all powers of local legislation and
administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:

(1) Counties shall be subject to all acts of the legislature
which apply uniformly to all counties.

(2) Counties may not consolidate or alter county boundaries.

(3) Counties may not affect the courts located therein.

(4) Counties shall be subject to acts of the legislature
prescribing limits of indebtedness.

(5) In the exercise of powers of local legislation and
administration authorized under provisions of this section, the
home rule power con- ferred on cities to determine their local
affairs and government shall not be superseded or impaired without
the consent of the governing body of each city within a county
which may be affected.

(6) Counties may not legislate on social welfare administered
under state law enacted pursuant to or in conformity with public
law No. 271-- 74th congress, or amendments thereof.

(7) Counties shall be subject to all acts of the legislature
concerning elections, election commissioners and officers and their
duties as such officers and the election of county officers.

(8) Counties shall be subject to the limitations and
prohibitions im- posed under K.S.A. 12-187 to 12-195, inclusive,
and amendments thereto, prescribing limitations upon the levy of
retailers' sales taxes by counties.

(9) Counties may not exempt from or effect changes in statutes
made nonuniform in application solely by reason of authorizing
exceptions for counties having adopted a charter for county
government.

(10) No county may levy ad valorem taxes under the authority of
this section upon real property located within any redevelopment
area estab- lished under the authority of K.S.A. 12-1772, and
amendments thereto, unless the resolution authorizing the same
specifically authorized a por- tion of the proceeds of such levy to
be used to pay the principal of and interest upon bonds issued by a
city under the authority of K.S.A. 12- 1774, and amendments
thereto.

(11) Counties shall have no power under this section to exempt
from any statute authorizing or requiring the levy of taxes and
providing sub- stitute and additional provisions on the same
subject, unless the resolution authorizing the same specifically
provides for a portion of the proceeds of such levy to be used to
pay a portion of the principal and interest on bonds issued by
cities under the authority of K.S.A. 12-1774, and amend- ments
thereto.

(12) Counties may not exempt from or effect changes in the
provi- sions of K.S.A. 19-4601 to 19-4625, inclusive, and
amendments thereto.

(13) Except as otherwise specifically authorized by K.S.A.
12-1,101 to 12-1,109, inclusive, and amendments thereto, counties
may not levy and collect taxes on incomes from whatever source
derived.

(14) Counties may not exempt from or effect changes in K.S.A.
19- 430, and amendments thereto. Any charter resolution adopted by
a county prior to July 1, 1983, exempting from or effecting changes
in K.S.A. 19-430, and amendments thereto, is null and void.

(15) Counties may not exempt from or effect changes in K.S.A.
19- 302, 19-502b, 19-503, 19-805 or 19-1202, and amendments
thereto.

(16) Counties may not exempt from or effect changes in K.S.A.
13- 13a26, and amendments thereto. Any charter resolution adopted
by a county, prior to the effective date of this act, exempting
from or effecting changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.

(17) Counties may not exempt from or effect changes in K.S.A.
71- 301, and amendments thereto. Any charter resolution adopted by
a county, prior to the effective date of this act, exempting from
or effecting changes in K.S.A. 71-301, and amendments thereto, is
null and void.

(18) Counties may not exempt from or effect changes in K.S.A.
19- 15,139, 19-15,140 and 19-15,141, and amendments thereto. Any
charter resolution adopted by a county prior to the effective date
of this act, exempting from or effecting changes in such sections
is null and void.

(19) Counties may not exempt from or effect changes in the
provi- sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b,
12-1225c and 12- 1226, and amendments thereto, or the provisions of
K.S.A. 1995 Supp. 12-1260 to 12-1270, inclusive, and amendments
thereto, and 12-1276, and amendments thereto.

(20) Counties may not exempt from or effect changes in the
provi- sions of K.S.A. 19-211, and amendments thereto.

(21) Counties may not exempt from or effect changes in the
provi- sions of K.S.A. 19-4001 to 19-4015, inclusive, and
amendments thereto.

(22) Counties may not regulate the production or drilling of any
oil or gas well in any manner which would result in the duplication
of reg- ulation by the state corporation commission and the Kansas
department of health and environment pursuant to chapter 55 and
chapter 65 of the Kansas Statutes Annotated and any rules and
regulations adopted pur- suant thereto. Counties may not require
any license or permit for the drilling or production of oil and gas
wells. Counties may not impose any fee or charge for the drilling
or production of any oil or gas well.

(23) Counties may not exempt from or effect changes in K.S.A.
79- 41a04, and amendments thereto.

(24) Counties may not exempt from or effect changes in K.S.A.
1995 Supp. 79-1611, and amendments thereto.

(25) Counties may not exempt from or effect changes in K.S.A.
1995 Supp. 79-1494, and amendments thereto.

(26) Counties may not exempt from or effect changes in
subsection (b) of K.S.A. 19-202, and amendments thereto.

(27) Counties may not exempt from or effect changes in
subsection (b) of K.S.A. 19-204, and amendments thereto.

(b) Counties shall apply the powers of local legislation granted
in subsection (a) by resolution of the board of county
commissioners. If no statutory authority exists for such local
legislation other than that set forth in subsection (a) and the
local legislation proposed under the authority of such subsection
is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of
the board and publication in the official county newspaper. If the
legislation proposed by the board under authority of subsection (a)
is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties,
such legislation shall become effec- tive by passage of a charter
resolution in the manner provided in K.S.A. 19-101b, and amendments
thereto.

New Sec. 3. (a) The board of county commissioners of any county
may adopt a resolution establishing the office of county
administrator.

(b) Upon presentation of a petition requesting the establishment
of the office of county administrator signed by at least 5% of the
qualified electors of the county, the board of county commissioners
shall adopt a resolution establishing such office. Such resolution
shall not be effective until the question has been submitted to and
approved by a majority of the voters of the county voting at an
election thereon. Such election shall be called and held in the
manner provided by the general bond law.

New Sec. 4. (a) Within six months following the effective date
of the resolution, or the date of the election at which the
resolution was ap- proved, as required by section 3, the board of
county commissioners shall appoint a county administrator.

(b) The compensation of the county administrator shall be deter-
mined by the board of county commissioners.

(c) The county administrator may be removed by a majority vote
of the board of county commissioners.

New Sec. 5. The county administrator shall be the chief
administra- tive officer of the county. Unless otherwise provided
by the board of county commissioners, the county administrator
shall carry out the fol- lowing duties and responsibilities within
the limits of and in conformance with the requirements of federal,
state and county laws and policies:

(a) Attend all meetings of the board of county commissioners,
and present proposed policies, programs and plans aimed at
addressing overall county needs for review, revision and approval
by the board;

(b) present an annual recommended operating budget, capital im-
provements program and long-range strategic plan for all county
opera- tions for review, revision and adoption by the board of
county commis- sioners;

(c) identify and recommend individuals to the board of county
com- missioners for appointment to boards and commissions;

(d) recommend individuals to the board of county commissioners
for appointment to offices for which the board is the appointing
authority by law. Evaluate and recommend the compensation,
suspension or dismissal of all such appointed administrative
officers;

(e) coordinate and supervise the administrative operations of
the de- partments of all officials appointed by the board of county
commissioners. All officers and employees therein shall be
administratively responsible to the county administrator;

(f) in conjunction with the board of county commissioners,
prepare the meeting agenda of the board;

(g) coordinate the administrative services of county departments
and agencies, offices of elected officials, advisory and governing
boards ap- pointed by the board of county commissioners. Provide
technical assis- tance to such departments, offices, agencies and
boards as needed;

(h) coordinate county programs and operations with other local
gov- ernmental units, federal and state governments and other
governmental and nongovernmental entities;

(i) supervise, evaluate and recommend the compensation and
disci- pline of personnel of the board of county commissioners;

(j) execute contracts and other documents as approved by the
board of county commissioners;

(k) approve the appointment, compensation, discipline and change
in status of personnel in the departments of all officials
appointed by the board of county commissioners. All employees
affected by such decisions shall continue to have access to all
appellate and other rights granted them by county personnel
policies;

(l) monitor and provide regular reports to the board of county
com- missioners concerning adherence by county departments to the
person- nel, purchasing, budget, accounting and other
administrative policies of the board; and

(m) perform such other duties as shall be lawfully delegated by
the board of county commissioners.

Sec. 6. K.S.A. 19-101a and 19-204 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and
after its publication in the Kansas register.